United States v. Private E2 CURTIS R. LONG

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “competent person” is a legal term of art that is fundamental to a panel’s decision under the predecessor statute and warrants proper instruction by the military judge and then finding its definition is found within the statutory definition of consent
• explaining the distinction between having the physical and mental ability to consent to sexual conduct, with the physical and mental ability to manifest a lack of consent
• in response to a member question that raised inability to consent as a subject of potential confusion, the trial judge did provide an additional instruction regarding whether someone who is intoxicated or has been drinking is competent to give consent

Source: CourtListener parenthetical corpus (CC0).